AIGETOA writes to BSNL Management – Issuing the supplementary Promotion Orders of Candidates affected by SDE-2007 Reversal Issue

AIGETOA writes to BSNL Management for re-opening of APAR window for YR 2020-21

AIGETOA writes to BSNL Management for re-opening of APAR window for YR 2020-21 as some number of employees have reported to have missed their APAR during CoVID period i.e. Year 2020-21 due to various reasons related to the Pandemic. Hence, as discussed, APAR window needs to be opened for Year 2020-21, as well, so that equal opportunity could be made available to all such executives.

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AIGETOA writes to BSNL Mgmt for revision of seniority list in line with Hon’ble Kolkata CAT orders – Promoting all eligible SDEs to the grade of AGMs

AIGETOA writes to BSNL Management with regard to the incorrect interpretation of Hon’ble Kolkata CAT orders dated 13.09.2022, subsequently reiterated again vide order dated 11.11.2022 by BSNL & Restoration of Seniority of LDCE-2012 qualified executives wrt VY / ROTA-QUOTA allotment in terms with the Hon’ble Supreme Court Judgement in the matter of K Meghachandra Singh and promoting all eligible SDEs to the AGM grade before moving on to the Amended MSRR regime. Since management has preferred to move ahead to promote Junior Executives as per Rota Quota rule, AIGETOA has requested to promote all eligible SDEs before moving onto ammended MSRR regime to ensure equitable justice for all. The same can be easily accommodated within the ambit of current structure itself and BBNL Merger with BSNL and management must consider promoting all eligible SDEs to the grade of AGMs.

Further the seniority list also must be ammended in line with the Kolkata CAT directions.

Click here for the letter by AIGETOA

AIGETOA writes to Director HR regarding seeking comments from Majority association with regard to Proposed New MSRR draft

AIGETOA writes to Director HR regarding seeking comments from Majority association with regard to Proposed New MSRR draft – the exercise appears to be a mere formality keeping in view the time lines offered to seek comments from associations and we firmly reject this one sided approach.

Expecting a firm and positive consideration of our request in the best interest of employees and organization.

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AIGETOA writes to Director HR regarding filling up of the post of DGM (Legal) through nomination :

AIGETOA writes to Director HR for calling nominations from all eligible executives across various cadres for filling up the encadred post of DGM (Legal). All executives fulfilling the eligibility criteria i.e. having law degree should aspire for the post instead of restricting it to select few is the vision of AIGETOA. Accordingly we have raised this matter with management to call nominations from all the candidates.

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Meeting with GM Pers on settlement of SDE 2007 reversal issue and status on promotions in AGM grade for PWD candidates

Meeting of Team AIGETOA consisting of Dy GS Shri Pavan Akhand, AIC Shri Ravi Shil Verma, AGSs Shri Sunil Gautam and Shri Yogendra Kumar with GM Pers on settlement of SDE 2007 reversal issue and status on promotions in AGM grade for PWD candidates:

SDE Reversal Case :

Team AIGETOA reminded GM Pers about the discussion with Director HR wherein Hon’ble Director HR has categorically directed to settle the SDE 2007 reversal issue without any further delay. We firmly told GM Pers that he should realize the agony of the affected candidates and should not delay the action anymore. We requested GM Pers to call for committee Meeting and resolve the issue by next week as these candidates have already faced enough hardships and this mental torture and agony must end now. GM Pers assured that he will do the needful and speak to Hon’ble Director HR in this regard. We also informed GM Pers that all Candidates are open to out of court settlement and legal tangles in various courts will not be any issue provided management takes firm initiative to end the dispute and reinstate the Seniority of these candidates. As far as the current status is concerned, their names were in DPC and seats are kept reserved for them. Team AIGETOA shall be taking this matter further with Director HR early next week.

Promotion in PWD Quota

With regard to promotions in PWD quota, it was informed that action for DPC has been taken in line with the Directions of Hon’ble PCAT and further necessary action shall be taken after getting directions from Hon’ble PCAT in next hearing.

Promotion for all eligible SDEs to AGM & AO to CAO

Earlier with CMD BSNL and Director HR, Team AIGETOA raised the issue of promotions for the all eligible SDEs to AGM grade, AO to CAO promotions and also the left out JTOs for the SDE promotions. It was informed that management remains open to the promotion within the ambit of rules and structure. We told Hon’ble CMD that within the ambit of current structure only, the promotions of all eligible SDEs are possible, the need is to recognise the injustice met out to competitive quota candidates belonging to list 12 and 13. There are enough precedence in the organization both recently as well as earlier which can ensure much awaited promotion to all eligible SDEs to AGM grade.

Promotion of left out JTOs to SDEs

Similarly now it’s high time that promotion to the remaining left out JTOs to SDE Cadre is executed immediately to avoid perpetual losses in their careers. We also requested CMD BSNL for AO to CAO promotions and informed him that now with both sides willing to sort out the issue with consensus amicably, management must not miss the opportunity to ensure Promotions in AO to CAO cadre.

While meeting Director HR also, we raised the same issues. Director HR assured to take our submissions into consideration.

Friends, A lot of apprehensions are going on in the minds of all executives. We firmly and non ambiguously affirm that we will ensure the promotions to all eligible before moving on to the amended MS RRs.

We would like to convey that while we don’t hesitate in applauding the good efforts of our management, in the same manner we don’t hesitate in standing tough and tall against the actions which are contrary to the interests of the fraternity as well as organisation.

We request one and all to remain united and lend their firm support in our endeavors to ensure the best for our executive cadre.

Together we will achieve everything.

Update on Meetings with CMD BSNL, Director HR

The discussions and efforts are paving the way for much awaited promotions into AGM cadre. AIGETOA team comprising of Dy. GS Sh Pavan Akhand and Chairman Sh Ravisheel Verma and AGS Shri Sunil Gautam had marathon discussions and meetings in the last week to clear the stalemate with regard to promotion as well as Seniority issue.

The team (Dy. GS Sh Pavan Akhand and Chairman Sh Ravisheel Verma) met CMD BSNL, Director HR and GM (Pers) yesterday and requested to way forward nod for the promotions. The meeting ended on positive note and CMD BSNL was kind enough to issue firm Directions down the line. We also requested CMD BSNL for initiating the process for the next lot of promotions without any further delay. We also apprised CMD BSNL that with new MS RR, BSNL has finally recognised the need for pushing the deserving ones further up in the career but we highlghted that certain things have been missed out which are needed to incorporated to ensure that a firm and rugged system is in place with equal opportunity to all the deserving ones. CMD BSNL assured that while management has tried it’s best to ensure a merit oriented path for Executives but they are open to further suggestions and all genuine inputs shall be considered. We sought a detailed meeting under the chairmanship of CMD BSNL to present our views. Our AIGETOA Team is studying the MSRR draft and shall be presenting it’s views after haiving a detailed study and inputs from all concerned.

We sincerely hope that the aspirations of senior executives and junior executives who are placed in various cadres and streams will be satisfactorily cleared. Further with regard to ongoing AGM promotions also, we are firm on our path to ensure Promotions for all within the shortest possible time and CMD BSNL has also assured us that once the process takes a start, he is open to discussion on next course of promotions,

We also highlighted that while the thrust of MSRR is on IPMS, the same is not being implemented in a scientific manner and instead targets which are assigned to the executives are unreasonable and practically unachievable most of the time. CMD BSNL recognised our concern and told that he also agrees that IPMS should be a firm and rugged system with reasonable and practical targets and assured that they shall be taking firm actions to ensure the much needed reforms in the system which includes hiring a consultancy firm also.

Later Dy. GS & AIC held discussions with CGM (NTR) PGM(SR), PGM (Est), GM (Pers) and held brief discussions with regard to draft of MS RRs. We told that though many inputs are covered but still certain things have been left out which are needed to be taken care of while amending the RRs. Committee Members asked us to provide our inputs. We told that we shall be reverting after having a detailed study. It is further understood from the discussions that there are some inadvertent errors with respect to the eligibility criteria are there in the draft which will be rectified while finalizing the RRs. We are very sure management will listen to our genuine apprehensions and will take necessary steps to accommodate the same.

Friends, slowly and steadily we are moving forward towards the change which we wanted to introduce in the system. We are aware that many things are still there to be taken care of but with our firm and United approach, we will be able to ensure that all lacuna is plugged off and finally we will succeed in creating a win win situation for all.

Need is to have firm faith and patience.

Together We Can. Together We Have. Together We will.

Updates on the meeting with Director HR held on 09.11.2022

Team AIGETOA lead by Shri Pavan Akhand Deputy GS, Shri Ravi Shil Verma All India Chairman, Shri Sunil Gautam AGS held a meeting with Director HR Shri Arvind Vadnerkar on dated 09.11.2022. Shri S N Gupta, GM (Pers) was also present in the meeting. The following points were discussed in the meeting:

Staff Merger of MTNL issue :

It was categorically informed that any degradation in pay scale will not be accepted by AIGETOA at all and now it’s high time that management should pursue with DoT for clearance of E2 Pay scales for JTO/JAO/Equivalent and E3 Pay scales for SDE/AO/Equivalent. Staff Merger with MTNL cannot happen without addressing this issue and that too in positive manner. Added to pay scale issue, other issues are also there like determination of Inter-Se-Seniority post-merger of staff with BSNL etc. We requested to direct the committee for immediately start the discussion with recognised association of BSNL. Director HR appreciated our concern and told that he will direct the committee members to hold the discussion with AIGETOA.

Initiating the Committee discussions with AIGETOA w.r.t 22820 issue:

We requested Director HR to direct the committee for 22820/- to initiate discussion with AIGETOA which is badly delayed. Director HR assured that he will direct the PGM (Estt) for necessary action on the same.

AGM Promotions for List-8 in Telecom Cadre:

It was informed to Director HR that management has already executed AGM promotions in Electrical Stream and its high time that promotions in AGM cadre for telecom stream should also be executed for List-8 which is litigation free as on date. GM Pers cited legal issues on which we contradicted that there is no such legal hurdle for List-8 and it is only management’s reluctance to take firm decision which is stopping the whole process. We told instead of waiting any further, immediate action should be taken for executing promotions for Telecom wing immediately for these executives who are waiting since 14-20 years for their promotion. Director (HR) assured that he will explore all the possible options to execute the long pending AGM promotions and told us that his priority is to ensure these long pending promotions and he is very hopeful that management will be able to issue the orders in coming days without much delay.

Revising the Seniority List-9 to List-12 based on Rota and Quota as per Directions of Kolkata CAT:

We informed Director (HR) that the DoPT order 13.08.2021 which clearly stipulates that the Rota and Quota are to be executed for all the promotions held between 27.11.2012 to 18.11.2019. We told that lists covering promotions in SDE Telecom cadre held after November 2008 were never under dispute or under litigation and that there was no direction from any court on manner or formulation of seniority for candidates belonging to these lists. We made it very clear that only formula which exists as on date today for fixation of seniority for candidates belonging to List 9 and onwards is Rota and Quota based upon the directions of DoP&T, DoT, Ministry of Legal Affairs and Hon’ble CAT Kolkata Judgment which has upheld the applicability of DoP&T guidelines in case of candidates belonging to the list 9 and onwards.

SDE reversal issue for LDCE 2007 batch:

It was categorically informed that this issue has been pending since very long and management should settle it now as one time measure. Director (HR) assured for an early and expeditious settlement of the issue.

SDE RR amendment notification:

It was informed by Director (HR) that DoT has raised some issues in amendment related to stagnation criteria which is causing some delay. After the meeting of Director HR, AIGETOA Team immediately met Member (Services) and explained him about all the nitti-gritties related to SDE RR amendment proposal.

Discussion on amendment of MS RRs:

We expressed our serious concern on non-finalisation of revised MS RR containing the provisions of Fast Track Promotions, Scrapping of MT and DR DGM RRs, and Introduction of Stagnation Criteria for promotion to AGM grade. We told that it was unfortunate that despite repeated missing of deadline for discussions, management has yet not initiated the discussion with recognised association despite the fact that 2-3 meetings of the committee have already been held. Director HR assured that he will direct committee members to start discussion with association immediately. We expect that discussions shall be initiated very soon. After the meeting with Director (HR), Team went to meet Shri R.K. Goyal, the senior most committee member and apprised him of our concerns. He also assured that discussion with association shall be initiated soon. He also informed that DOT has raised some objection on Stagnation Criteria for SDE RR amendment.

AO to CAO promotions:

We informed Director (HR) that the pending litigation in CAO promotions can be settled with discussion amongst the applicants and management and management should not miss this opportunity for settling the dispute and executing the AO to CAO promotions immediately. We also requested for completing the preparatory exercise immediately for them.

Issuance of Hard Tenure Declaration for Uttarakhand and Soft Tenure for Few SSAs of Karnataka:

We informed Director HR that despite many a times discussion on the issue, instructions have not been issued for the same. It was assured that orders in this regard shall be issued very soon and directed GM (Pers) to ensure the issuance without any further delay.

Processing of OTP cases:

We said there was inordinate delay in processing of the cases and requested GM (Pers) to issue the same without any further delay. We requested for issuance of pending request of CHQ OBs also. Director HR and GM (Pers) assured for an expeditious action in this regard.

Holding of Agenda Meeting with AIGETOA:

We requested for allocating the time slot for holding the formal agenda meeting of management with AIGETOA. Director HR told us to submit the agenda points and assured us that he will direct PGM (SR) for holding the agenda meeting in this month itself.

Few issues could not be taken up due to paucity of time and we shall be meeting Director HR again to discuss them.

EPF Pension Case : A relief on Social Security Aspect

Hon’ble Supreme Court of India has delivered the verdict on EPF Pension case after hearing the applicants and the review petitions filed by EPFO & GOI challenging the Hon HC verdicts from Kerala, Rajasthan, Delhi etc. As already aware team AIGETOA is closely involved in EPFO Full Pension Case for entire BSNL Recruited Employees, who are willing to opt the scheme. AIGETOA Kerala Team had already won the case of EPF Full Pension Scheme against EPFO in Hon’ble High Court of Kerala on 25th Feb, 2019 in WP(C) No 39855/2017, 41071/17 & 3001/18 in line with WP(C) 13120/2015 judgement and other cases won by different applicants in the Hon’ble HC, Kerala. The order of Full Pension Scheme pronounced by the Hon’ble HC Kerala was challenged by EPFO through Special Leave Petition (Civil) in the Hon’ble SC vide Diary No 9610/2019. This SLP of the EPFO was dismissed by the Hon’ble Supreme Court on 01.04.2019. After dismissal of the SLP, the EPFO moved Review Petitions in the Hon’ble Supreme Court, which was pending before the Hon’ble Apex Court. Due to the collective efforts of various applicants and their counsels spread across the country the cases were heard in detail which supported EPF members rights and the judgment is delivered.

Now by utilising the powers exercised in Article-142 of the constitution, Hon Supreme Court has extended the cut off date for allowing the existing members of EPS scheme for the eligibility for Full pension. It is learnt that with this judgment, the Cut off date imposed in EPFO amendment in 2014 is not acceptable and the member can opt for the pension scheme without such cut-off date. The members of EPS scheme who were eligible right through 11(3) option who desire to get the full pension will have the continued right to do so by exercising the option as mentioned in 11(4). The time to exercise option extended for a further period of Four months. Hon’ble SC also observed that the additional contribution (1.16%) as envisaged in 2014 scheme, on the salary exceeding the limit (Rs 15000/- now) to be ultra vires (this portion suspended for six months to enable EPFO to make adjustments/provisions by EPFO). At the same time the basis of calculation for pensionable salary (60 months average) is not altered.

AIGETOA has always been in forefront of pursuing for the cause of executives. It was AIGETOA which made BSNL realize their mistakes and pursued for correction in the system. AIGETOA and it’s team fought for streamlining the system and forced BSNL to not to recover penalties from employees. All may recall that with continued persuasion from AIGETOA during 2016-2017 , BSNL Corporate office had issued letter vide Letter no NO: 500-85/CA II/BSNL/EPF/2013/Vol VI Dated 30.03.2017 for collection of options from the employee who desired to opt for full pension . Further since the matter was placed before Hon Court , the same was pending. AIGETOA team filed a separate case to get the relief as the case by NCOA was for exempted which had their own trust like NTPC etc. which had potential to rejected also and would have jeopardized the case of BSNL employees which was a non exempted organization where accounts are being maintained by EPFO directly. Our Team won the case at High Court Kerala.

Now AIGETOA will once again reach out to respected CMD BSNL, Dir (HR) and concerned section, to re-start the proceedings afresh and take necessary measures for final submission of all joint forms to respective EPFOs in order to give the relief to all BSNL recruits who desire to get the social security through the enhanced pension in line with the verdict of Hon’ble Apex Court today. Further all employees falling under EPF scheme are advised to ascertain from respective BSNL offices that their date of joining in the service remains updated in the EPF ledger as due to transfers of account from one place to another, discrepancies may occur.

Team AIGETOA Shimoga TD, Karnataka met Shri Manish Sinha Ji Member (Finance) on 1st Nov 2022 at Shimoga during his field visit to Sagar Block Saturation

A detailed discussion on the matter of E2-E3 was held with the Hon’ble Member (Finance). Team AIGETOA at Karnataka Circle has submitted various inputs and justifications with respect to the proposal of E2 scales for JTO/JAO/Equivalent and E3 scales for SDE/AO/Equivalent to Member (Finance) and seeks his help to settle the long matter, which is to be approved by the DOT.

Member (Finance) has listened to the AIGETOA viewpoint very carefully & assured the AIGETOA team to help in the resolution of the matter.

The Team AIGETOA was led by Shri Kunal Kumar, ACS Karnataka who is also a member of the AIGETOA Pay Scale committee.

Click here for Memorandum Submitted

Click here for Glimpses of Meeting